40 CFR 51.165 - Permit requirements.
(a) State Implementation Plan and Tribal Implementation Plan
provisions satisfying sections 172(c)(5) and 173 of the Act shall meet the
following conditions:
(1) All such plans shall use the specific definitions. Deviations
from the following wording will be approved only if the State specifically
demonstrates that the submitted definition is more stringent, or at least as
stringent, in all respects as the corresponding definition below:
(i)Stationary
source means any building, structure, facility, or installation which emits
or may emit a regulated NSR pollutant.
(ii)Building,
structure, facility, or installation means all of the pollutant-emitting
activities which belong to the same industrial grouping, are located on one or
more contiguous or adjacent properties, and are under the control of the same
person (or persons under common control) except the activities of any vessel.
Pollutant-emitting activities shall be considered as part of the same industrial
grouping if they belong to the same Major Group (i.e., which have the same two-digit code) as described in the
Standard Industrial Classification Manual, 1972, as
amended by the 1977 Supplement (U.S. Government Printing Office stock numbers
4101-0065 and 003-005-00176-0, respectively).
(iii)Potential to
emit means the maximum capacity of a stationary source to emit a pollutant
under its physical and operational design. Any physical or operational
limitation on the capacity of the source to emit a pollutant, including air
pollution control equipment and restrictions on hours of operation or on the
type or amount of material combusted, stored, or processed, shall be treated as
part of its design only if the limitation or the effect it would have on
emissions is federally enforceable. Secondary emissions do not count in
determining the potential to emit of a stationary source.
(1) Any stationary source of air
pollutants that emits, or has the potential to emit, 100 tons per year or more
of any regulated NSR pollutant, except that lower emissions thresholds shall
apply in areas subject to subpart 2, subpart 3, or subpart 4 of part D, title I
of the Act, according to paragraphs (a)(1)(iv)(A)(1)(i) through (vi) of this section.
(i) 50 tons per year of volatile organic
compounds in any serious ozone nonattainment area.
(ii) 50 tons per year of volatile organic
compounds in an area within an ozone transport region, except for any severe or
extreme ozone nonattainment area.
(iii) 25 tons per year of volatile organic
compounds in any severe ozone nonattainment area.
(iv) 10 tons per year of volatile organic
compounds in any extreme ozone nonattainment area.
(v) 50 tons per year of carbon monoxide in
any serious nonattainment area for carbon monoxide, where stationary sources
contribute significantly to carbon monoxide levels in the area (as determined
under rules issued by the Administrator).
(vi) 70 tons per year of PM-10 in any
serious nonattainment area for PM-10;
(2) For the purposes of applying the
requirements of paragraph (a)(8) of this section to stationary sources of
nitrogen oxides located in an ozone nonattainment area or in an ozone transport
region, any stationary source which emits, or has the potential to emit, 100
tons per year or more of nitrogen oxides emissions, except that the emission
thresholds in paragraphs (a)(1)(iv)(A)(2)(i)
through (vi) of this section shall apply in areas subject
to subpart 2 of part D, title I of the Act.
(i) 100 tons per year or more of nitrogen
oxides in any ozone nonattainment area classified as marginal or moderate.
(ii) 100 tons per year or more of nitrogen
oxides in any ozone nonattainment area classified as a transitional,
submarginal, or incomplete or no data area, when such area is located in an
ozone transport region.
(iii) 100 tons per year or more of
nitrogen oxides in any area designated under section 107(d) of the Act as
attainment or unclassifiable for ozone that is located in an ozone transport
region.
(iv) 50 tons per year or more of nitrogen
oxides in any serious nonattainment area for ozone.
(v) 25 tons per year or more of nitrogen
oxides in any severe nonattainment area for ozone.
(vi) 10 tons per year or more of nitrogen
oxides in any extreme nonattainment area for ozone; or
(3) Any physical change that would occur
at a stationary source not qualifying under paragraphs (a)(1)(iv)(A)(1)
or (2) of this section as a major stationary source, if
the change would constitute a major stationary source by itself.
(B) A major stationary source that
is major for volatile organic compounds shall be considered major for
ozone
(C) The fugitive emissions of a
stationary source shall not be included in determining for any of the purposes
of this paragraph whether it is a major stationary source, unless the source
belongs to one of the following categories of stationary sources:
(1) Coal cleaning plants (with thermal
dryers);
(2) Kraft pulp mills;
(3) Portland cement plants;
(4) Primary zinc smelters;
(5) Iron and steel mills;
(6) Primary aluminum ore reduction
plants;
(7) Primary copper smelters;
(8) Municipal incinerators capable of
charging more than 250 tons of refuse per day;
(9) Hydrofluoric, sulfuric, or nitric acid
plants;
(10) Petroleum refineries;
(11) Lime plants;
(12) Phosphate rock processing
plants;
(13) Coke oven batteries;
(14) Sulfur recovery plants;
(15) Carbon black plants (furnace
process);
(16) Primary lead smelters;
(17) Fuel conversion plants;
(18) Sintering plants;
(19) Secondary metal production
plants;
(20) Chemical process plants—The term
chemical processing plant shall not include ethanol production facilities that
produce ethanol by natural fermentation included in NAICS codes 325193 or
312140;
(21) Fossil-fuel boilers (or combination
thereof) totaling more than 250 million British thermal units per hour heat
input;
(22) Petroleum storage and transfer units
with a total storage capacity exceeding 300,000 barrels;
(23) Taconite ore processing plants;
(24) Glass fiber processing plants;
(25) Charcoal production plants;
(26) Fossil fuel-fired steam electric
plants of more than 250 million British thermal units per hour heat input;
and
(27) Any other stationary source category
which, as of August 7, 1980, is being regulated under section 111 or 112 of the
Act.
(A)Major
modification means any physical change in or change in the method of
operation of a major stationary source that would result in:
(1) A significant emissions increase of a
regulated NSR pollutant (as defined in paragraph (a)(1)(xxxvii) of this
section); and
(2) A significant net emissions increase
of that pollutant from the major stationary source.
(B) Any significant emissions
increase (as defined in paragraph (a)(1)(xxvii) of this section) from any
emissions units or net emissions increase (as defined in paragraph (a)(1)(vi) of
this section) at a major stationary source that is significant for volatile
organic compounds shall be considered significant for ozone.
(1) Routine maintenance, repair and
replacement. Routine maintenance, repair and replacement shall include, but not
be limited to, any activity(s) that meets the requirements of the equipment
replacement provisions contained in paragraph (h) of this section;
Note to paragraph (a)(1)(v)(C)(1):
On December 24, 2003, the second sentence of this paragraph
(a)(1)(v)(C)(1) is stayed indefinitely by court order.
The stayed provisions will become effective immediately if the court terminates
the stay. At that time, EPA will publish a document in the Federal Register advising the public of the termination of
the stay.
(2) Use of an alternative fuel or raw
material by reason of an order under sections 2 (a) and (b) of the Energy Supply
and Environmental Coordination Act of 1974 (or any superseding legislation) or
by reason of a natural gas curtailment plan pursuant to the Federal Power
Act;
(3) Use of an alternative fuel by reason
of an order or rule section 125 of the Act;
(4) Use of an alternative fuel at a steam
generating unit to the extent that the fuel is generated from municipal solid
waste;
(5) Use of an alternative fuel or raw
material by a stationary source which;
(i) The source was capable of
accommodating before December 21, 1976, unless such change would be prohibited
under any federally enforceable permit condition which was established after
December 12, 1976 pursuant to 40 CFR 52.21
or under regulations approved pursuant to 40 CFR subpart I or § 51.166, or
(ii) The source is approved to use under
any permit issued under regulations approved pursuant to this section;
(6) An increase in the hours of operation
or in the production rate, unless such change is prohibited under any federally
enforceable permit condition which was established after December 21, 1976
pursuant to 40 CFR 52.21
or regulations approved pursuant to 40 CFR part 51
subpart I or 40 CFR 51.166.
(7) Any change in ownership at a
stationary source.
(8) [Reserved]
(9) The installation, operation,
cessation, or removal of a temporary clean coal technology demonstration
project, provided that the project complies with:
(i) The State Implementation Plan for the
State in which the project is located, and
(ii) Other requirements necessary to
attain and maintain the national ambient air quality standard during the project
and after it is terminated.
(D) This definition shall not apply
with respect to a particular regulated NSR pollutant when the major stationary
source is complying with the requirements under paragraph (f) of this section
for a PAL for that pollutant. Instead, the definition at paragraph (f)(2)(viii)
of this section shall apply.
(E) For the purpose of applying the
requirements of (a)(8) of this section to modifications at major stationary
sources of nitrogen oxides located in ozone nonattainment areas or in ozone
transport regions, whether or not subject to subpart 2, part D, title I of the
Act, any significant net emissions increase of nitrogen oxides is considered
significant for ozone.
(F) Any physical change in, or
change in the method of operation of, a major stationary source of volatile
organic compounds that results in any increase in emissions of volatile organic
compounds from any discrete operation, emissions unit, or other pollutant
emitting activity at the source shall be considered a significant net emissions
increase and a major modification for ozone, if the major stationary source is
located in an extreme ozone nonattainment area that is subject to subpart 2,
part D, title I of the Act.
(G) Fugitive emissions shall not be
included in determining for any of the purposes of this section whether a
physical change in or change in the method of operation of a major stationary
source is a major modification, unless the source belongs to one of the source
categories listed in paragraph (a)(1)(iv)(C) of this section.
(A)Net emissions
increase means, with respect to any regulated NSR pollutant emitted by a
major stationary source, the amount by which the sum of the following exceeds
zero:
(1) The increase in emissions from a
particular physical change or change in the method of operation at a stationary
source as calculated pursuant to paragraph (a)(2)(ii) of this section; and
(2) Any other increases and decreases in
actual emissions at the major stationary source that are contemporaneous with
the particular change and are otherwise creditable. Baseline actual emissions
for calculating increases and decreases under this paragraph (a)(1)(vi)(A)(2) shall be determined as provided in paragraph (a)(1)(xxxv)
of this section, except that paragraphs (a)(1)(xxxv)(A)(3) and (a)(1)(xxxv)(B)(4) of this
section shall not apply.
(B) An increase or decrease in
actual emissions is contemporaneous with the increase from the particular change
only if it occurs before the date that the increase from the particular change
occurs;
(1) It occurs within a reasonable period
to be specified by the reviewing authority; and
(2) The reviewing authority has not relied
on it in issuing a permit for the source under regulations approved pursuant to
this section, which permit is in effect when the increase in actual emissions
from the particular change occurs; and
(3) As it pertains to an increase or
decrease in fugitive emissions (to the extent quantifiable), it occurs at an
emissions unit that is part of one of the source categories listed in paragraph
(a)(1)(iv)(C) of this section or it occurs at an emissions unit that is located
at a major stationary source that belongs to one of the listed source
categories. Fugitive emission increases or decreases are not creditable for
those emissions units located at a facility whose primary activity is not
represented by one of the source categories listed in paragraph (a)(1)(iv)(C) of
this section and that are not, by themselves, part of a listed source
category.
(D) An increase in actual emissions
is creditable only to the extent that the new level of actual emissions exceeds
the old level.
(1) The old level of actual emission or
the old level of allowable emissions whichever is lower, exceeds the new level
of actual emissions;
(2) It is enforceable as a practical
matter at and after the time that actual construction on the particular change
begins; and
(3) The reviewing authority has not relied
on it in issuing any permit under regulations approved pursuant to 40 CFR part
51 subpart I
or the State has not relied on it in demonstrating attainment or reasonable
further progress;
(4) It has approximately the same
qualitative significance for public health and welfare as that attributed to the
increase from the particular change; and
(F) An increase that results from a
physical change at a source occurs when the emissions unit on which construction
occurred becomes operational and begins to emit a particular pollutant. Any
replacement unit that requires shakedown becomes operational only after a
reasonable shakedown period, not to exceed 180 days.
(G) Paragraph (a)(1)(xii)(B) of
this section shall not apply for determining creditable increases and decreases
or after a change.
(vii)Emissions
unit means any part of a stationary source that emits or would have the
potential to emit any regulated NSR pollutant and includes an electric steam
generating unit as defined in paragraph (a)(1)(xx) of this section. For purposes
of this section, there are two types of emissions units as described in
paragraphs (a)(1)(vii)(A) and (B) of this section.
(A) A new emissions unit is any
emissions unit which is (or will be) newly constructed and which has existed for
less than 2 years from the date such emissions unit first operated.
(B) An existing emissions unit is
any emissions unit that does not meet the requirements in paragraph
(a)(1)(vii)(A) of this section. A replacement unit, as defined in paragraph
(a)(1)(xxi) of this section, is an existing emissions unit.
(viii)Secondary
emissons means emissions which would occur as a result of the construction
or operation of a major stationary source or major modification, but do not come
from the major stationary source or major modification itself. For the purpose
of this section, secondary emissions must be specific, well defined,
quantifiable, and impact the same general area as the stationary source or
modification which causes the secondary emissions. Secondary emissions include
emissions from any offsite support facility which would not be constructed or
increase its emissions except as a result of the construction of operation of
the major stationary source of major modification. Secondary emissions do not
include any emissions which come directly from a mobile source such as emissions
from the tailpipe of a motor vehicle, from a train, or from a
vessel.
(ix)Fugitive
emissions means those emissions which could not reasonably pass through a
stack, chimney, vent or other functionally equivalent opening.
(A)Significant means, in reference to a net emissions increase
or the potential of a source to emit any of the following pollutants, a rate of
emissions that would equal or exceed any of the following rates:
Pollutant Emission Rate
Carbon monoxide: 100 tons per year (tpy)
Nitrogen oxides: 40 tpy
Sulfur dioxide: 40 tpy
Ozone: 40 tpy of volatile organic compounds or nitrogen
oxides
Lead: 0.6 tpy
PM10: 15 tpy
PM2.5: 10 tpy of direct PM2.5
emissions; 40 tpy of sulfur dioxide emissions; 40 tpy of nitrogen oxide
emissions unless demonstrated not to be a PM2.5 precursor
under paragraph (a)(1)(xxxvii) of this section
(B) Notwithstanding the significant
emissions rate for ozone in paragraph (a)(1)(x)(A) of this section, significant
means, in reference to an emissions increase or a net emissions increase, any
increase in actual emissions of volatile organic compounds that would result
from any physical change in, or change in the method of operation of, a major
stationary source locating in a serious or severe ozone nonattainment area that
is subject to subpart 2, part D, title I of the Act, if such emissions increase
of volatile organic compounds exceeds 25 tons per year.
(C) For the purposes of applying
the requirements of paragraph (a)(8) of this section to modifications at major
stationary sources of nitrogen oxides located in an ozone nonattainment area or
in an ozone transport region, the significant emission rates and other
requirements for volatile organic compounds in paragraphs (a)(1)(x)(A), (B), and
(E) of this section shall apply to nitrogen oxides emissions.
(D) Notwithstanding the significant
emissions rate for carbon monoxide under paragraph (a)(1)(x)(A) of this section,
significant means, in reference to an emissions increase or a net emissions
increase, any increase in actual emissions of carbon monoxide that would result
from any physical change in, or change in the method of operation of, a major
stationary source in a serious nonattainment area for carbon monoxide if such
increase equals or exceeds 50 tons per year, provided the Administrator has
determined that stationary sources contribute significantly to carbon monoxide
levels in that area.
(E) Notwithstanding the significant
emissions rates for ozone under paragraphs (a)(1)(x)(A) and (B) of this section,
any increase in actual emissions of volatile organic compounds from any
emissions unit at a major stationary source of volatile organic compounds
located in an extreme ozone nonattainment area that is subject to subpart 2,
part D, title I of the Act shall be considered a significant net emissions
increase.
(xi)Allowable
emissions means the emissions rate of a stationary source calculated using
the maximum rated capacity of the source (unless the source is subject to
federally enforceable limits which restrict the operating rate, or hours of
operation, or both) and the most stringent of the following:
(B) Any applicable State
Implementation Plan emissions limitation including those with a future
compliance date; or
(C) The emissions rate specified as
a federally enforceable permit condition, including those with a future
compliance date.
(A)Actual
emissions means the actual rate of emissions of a regulated NSR pollutant
from an emissions unit, as determined in accordance with paragraphs
(a)(1)(xii)(B) through (D) of this section, except that this definition shall
not apply for calculating whether a significant emissions increase has occurred,
or for establishing a PAL under paragraph (f) of this section. Instead,
paragraphs (a)(1)(xxviii) and (xxxv) of this section shall apply for those
purposes.
(B) In general, actual emissions as
of a particular date shall equal the average rate, in tons per year, at which
the unit actually emitted the pollutant during a consecutive 24-month period
which precedes the particular date and which is representative of normal source
operation. The reviewing authority shall allow the use of a different time
period upon a determination that it is more representative of normal source
operation. Actual emissions shall be calculated using the unit's actual
operating hours, production rates, and types of materials processed, stored, or
combusted during the selected time period.
(C) The reviewing authority may
presume that source-specific allowable emissions for the unit are equivalent to
the actual emissions of the unit.
(D) For any emissions unit that has
not begun normal operations on the particular date, actual emissions shall equal
the potential to emit of the unit on that date.
(xiii)Lowest
achievable emission rate (LAER) means, for any source, the more stringent
rate of emissions based on the following:
(A) The most stringent emissions
limitation which is contained in the implementation plan of any State for such
class or category of stationary source, unless the owner or operator of the
proposed stationary source demonstrates that such limitations are not
achievable; or
(B) The most stringent emissions
limitation which is achieved in practice by such class or category of stationary
sources. This limitation, when applied to a modification, means the lowest
achievable emissions rate for the new or modified emissions units within or
stationary source. In no event shall the application of the term permit a
proposed new or modified stationary source to emit any pollutant in excess of
the amount allowable under an applicable new source standard of
performance.
(xiv)Federally
enforceable means all limitations and conditions which are enforceable by
the Administrator, including those requirements developed pursuant to 40 CFR
parts 60 and
61,
requirements within any applicable State implementation plan, any permit
requirements established pursuant to 40 CFR 52.21
or under regulations approved pursuant to 40 CFR part 51,
subpart I, including operating permits issued under an EPA-approved program that
is incorporated into the State implementation plan and expressly requires
adherence to any permit issued under such program.
(xv)Begin actual
construction means in general, initiation of physical on-site construction
activities on an emissions unit which are of a permanent nature. Such activities
include, but are not limited to, installation of building supports and
foundations, laying of underground pipework, and construction of permanent
storage structures. With respect to a change in method of operating this term
refers to those on-site activities other than preparatory activities which mark
the initiation of the change.
(xvi)Commence as applied to construction of a major stationary
source or major modification means that the owner or operator has all necessary
preconstruction approvals or permits and either has:
(A) Begun, or caused to begin, a
continuous program of actual on-site construction of the source, to be completed
within a reasonable time; or
(B) Entered into binding agreements
or contractual obligations, which cannot be canceled or modified without
substantial loss to the owner or operator, to undertake a program of actual
construction of the source to be completed within a reasonable
time.
(xvii)Necessary
preconstruction approvals or permits means those Federal air quality
control laws and regulations and those air quality control laws and regulations
which are part of the applicable State Implementation Plan.
(xviii)Construction means any physical change or change in the
method of operation (including fabrication, erection, installation, demolition,
or modification of an emissions unit) that would result in a change in
emissions.
(xx)Electric
utility steam generating unit means any steam electric generating unit that
is constructed for the purpose of supplying more than one-third of its potential
electric output capacity and more than 25 MW electrical output to any utility
power distribution system for sale. Any steam supplied to a steam distribution
system for the purpose of providing steam to a steam-electric generator that
would produce electrical energy for sale is also considered in determining the
electrical energy output capacity of the affected facility.
(xxi)Replacement
unit means an emissions unit for which all the criteria listed in
paragraphs (a)(1)(xxi)(A) through (D) of this section are met. No creditable
emission reductions shall be generated from shutting down the existing emissions
unit that is replaced.
(A) The emissions unit is a
reconstructed unit within the meaning of § 60.15(b)(1)
of this chapter, or the emissions unit completely takes the place of an existing
emissions unit.
(C) The replacement does not alter
the basic design parameters (as discussed in paragraph (h)(2) of this section)
of the process unit.
(D) The replaced emissions unit is
permanently removed from the major stationary source, otherwise permanently
disabled, or permanently barred from operation by a permit that is enforceable
as a practical matter. If the replaced emissions unit is brought back into
operation, it shall constitute a new emissions unit.
(xxii)Temporary
clean coal technology demonstration project means a clean coal technology
demonstration project that is operated for a period of 5 years or less, and
which complies with the State Implementation Plan for the State in which the
project is located and other requirements necessary to attain and maintain the
national ambient air quality standards during the project and after it is
terminated.
(xxiii)Clean coal
technology means any technology, including technologies applied at the
precombustion, combustion, or post combustion stage, at a new or existing
facility which will achieve significant reductions in air emissions of sulfur
dioxide or oxides of nitrogen associated with the utilization of coal in the
generation of electricity, or process steam which was not in widespread use as
of November 15, 1990.
(xxiv)Clean coal
technology demonstration project means a project using funds appropriated
under the heading “Department of Energy-Clean Coal Technology,” up to a total
amount of $2,500,000,000 for commercial demonstration of clean coal technology,
or similar projects funded through appropriations for the Environmental
Protection Agency. The Federal contribution for a qualifying project shall be at
least 20 percent of the total cost of the demonstration project.
(xxvi)Pollution
prevention means any activity that through process changes, product
reformulation or redesign, or substitution of less polluting raw materials,
eliminates or reduces the release of air pollutants (including fugitive
emissions) and other pollutants to the environment prior to recycling,
treatment, or disposal; it does not mean recycling (other than certain
“in-process recycling” practices), energy recovery, treatment, or
disposal.
(xxvii)Significant emissions increase means, for a regulated NSR
pollutant, an increase in emissions that is significant (as defined in paragraph
(a)(1)(x) of this section) for that pollutant.
(A)Projected
actual emissions means, the maximum annual rate, in tons per year, at which
an existing emissions unit is projected to emit a regulated NSR pollutant in any
one of the 5 years (12-month period) following the date the unit resumes regular
operation after the project, or in any one of the 10 years following that date,
if the project involves increasing the emissions unit's design capacity or its
potential to emit of that regulated NSR pollutant and full utilization of the
unit would result in a significant emissions increase or a significant net
emissions increase at the major stationary source.
(B) In determining the projected
actual emissions under paragraph (a)(1)(xxviii)(A) of this section before
beginning actual construction, the owner or operator of the major stationary
source:
(1) Shall consider all relevant
information, including but not limited to, historical operational data, the
company's own representations, the company's expected business activity and the
company's highest projections of business activity, the company's filings with
the State or Federal regulatory authorities, and compliance plans under the
approved plan; and
(2) Shall include fugitive emissions to
the extent quantifiable, and emissions associated with startups, shutdowns, and
malfunctions; and
(3) Shall exclude, in calculating any
increase in emissions that results from the particular project, that portion of
the unit's emissions following the project that an existing unit could have
accommodated during the consecutive 24-month period used to establish the
baseline actual emissions under paragraph (a)(1)(xxxv) of this section and that
are also unrelated to the particular project, including any increased
utilization due to product demand growth; or,
(4) In lieu of using the method set out in
paragraphs (a)(1)(xxviii)(B)(1) through (3)
of this section, may elect to use the emissions unit's potential to emit, in
tons per year, as defined under paragraph (a)(1)(iii) of this section.
(xxx)Nonattainment major new source review (NSR) program means a
major source preconstruction permit program that has been approved by the
Administrator and incorporated into the plan to implement the requirements of
this section, or a program that implements part 51,
appendix S, Sections I through VI of this chapter. Any permit issued under such
a program is a major NSR permit.
(xxxi)Continuous
emissions monitoring system (CEMS) means all of the equipment that may be
required to meet the data acquisition and availability requirements of this
section, to sample, condition (if applicable), analyze, and provide a record of
emissions on a continuous basis.
(xxxii)Predictive
emissions monitoring system (PEMS) means all of the equipment necessary to
monitor process and control device operational parameters (for example, control
device secondary voltages and electric currents) and other information (for
example, gas flow rate, O2 or CO2
concentrations), and calculate and record the mass emissions rate (for example,
lb/hr) on a continuous basis.
(xxxiii)Continuous parameter monitoring system (CPMS) means all of
the equipment necessary to meet the data acquisition and availability
requirements of this section, to monitor process and control device operational
parameters (for example, control device secondary voltages and electric
currents) and other information (for example, gas flow rate, O2 or CO2 concentrations), and to
record average operational parameter value(s) on a continuous
basis.
(xxxiv)Continuous
emissions rate monitoring system (CERMS) means the total equipment required
for the determination and recording of the pollutant mass emissions rate (in
terms of mass per unit of time).
(xxxv)Baseline
actual emissions means the rate of emissions, in tons per year, of a
regulated NSR pollutant, as determined in accordance with paragraphs
(a)(1)(xxxv)(A) through (D) of this section.
(A) For any existing electric
utility steam generating unit, baseline actual emissions means the average rate,
in tons per year, at which the unit actually emitted the pollutant during any
consecutive 24-month period selected by the owner or operator within the 5-year
period immediately preceding when the owner or operator begins actual
construction of the project. The reviewing authority shall allow the use of a
different time period upon a determination that it is more representative of
normal source operation.
(1) The average rate shall include
fugitive emissions to the extent quantifiable, and emissions associated with
startups, shutdowns, and malfunctions.
(2) The average rate shall be adjusted
downward to exclude any non-compliant emissions that occurred while the source
was operating above any emission limitation that was legally enforceable during
the consecutive 24-month period.
(3) For a regulated NSR pollutant, when a
project involves multiple emissions units, only one consecutive 24-month period
must be used to determine the baseline actual emissions for the emissions units
being changed. A different consecutive 24-month period can be used for each
regulated NSR pollutant.
(4) The average rate shall not be based on
any consecutive 24-month period for which there is inadequate information for
determining annual emissions, in tons per year, and for adjusting this amount if
required by paragraph (a)(1)(xxxv)(A)(2) of this
section.
(B) For an existing emissions unit
(other than an electric utility steam generating unit), baseline actual
emissions means the average rate, in tons per year, at which the emissions unit
actually emitted the pollutant during any consecutive 24-month period selected
by the owner or operator within the 10-year period immediately preceding either
the date the owner or operator begins actual construction of the project, or the
date a complete permit application is received by the reviewing authority for a
permit required either under this section or under a plan approved by the
Administrator, whichever is earlier, except that the 10-year period shall not
include any period earlier than November 15, 1990.
(1) The average rate shall include
fugitive emissions to the extent quantifiable, and emissions associated with
startups, shutdowns, and malfunctions.
(2) The average rate shall be adjusted
downward to exclude any non-compliant emissions that occurred while the source
was operating above an emission limitation that was legally enforceable during
the consecutive 24-month period.
(3) The average rate shall be adjusted
downward to exclude any emissions that would have exceeded an emission
limitation with which the major stationary source must currently comply, had
such major stationary source been required to comply with such limitations
during the consecutive 24-month period. However, if an emission limitation is
part of a maximum achievable control technology standard that the Administrator
proposed or promulgated under part 63
of this chapter, the baseline actual emissions need only be adjusted if the
State has taken credit for such emissions reductions in an attainment
demonstration or maintenance plan consistent with the requirements of paragraph
(a)(3)(ii)(G) of this section.
(4) For a regulated NSR pollutant, when a
project involves multiple emissions units, only one consecutive 24-month period
must be used to determine the baseline actual emissions for the emissions units
being changed. A different consecutive 24-month period can be used For each
regulated NSR pollutant.
(5) The average rate shall not be based on
any consecutive 24-month period for which there is inadequate information for
determining annual emissions, in tons per year, and for adjusting this amount if
required by paragraphs (a)(1)(xxxv)(B)(2) and (3)
of this section.
(C) For a new emissions unit, the
baseline actual emissions for purposes of determining the emissions increase
that will result from the initial construction and operation of such unit shall
equal zero; and thereafter, for all other purposes, shall equal the unit's
potential to emit.
(D) For a PAL for a major
stationary source, the baseline actual emissions shall be calculated for
existing electric utility steam generating units in accordance with the
procedures contained in paragraph (a)(1)(xxxv)(A) of this section, for other
existing emissions units in accordance with the procedures contained in
paragraph (a)(1)(xxxv)(B) of this section, and for a new emissions unit in
accordance with the procedures contained in paragraph (a)(1)(xxxv)(C) of this
section.
(C) Any pollutant that is
identified under this paragraph (a)(1)(xxxvii)(C) as a constituent or precursor
of a general pollutant listed under paragraph (a)(1)(xxxvii)(A) or (B) of this
section, provided that such constituent or precursor pollutant may only be
regulated under NSR as part of regulation of the general pollutant. Precursors
identified by the Administrator for purposes of NSR are the
following:
(1) Volatile organic compounds and
nitrogen oxides are precursors to ozone in all ozone nonattainment areas.
(2) Sulfur dioxide is a precursor to PM2.5 in all PM2.5 nonattainment
areas.
(3) Nitrogen oxides are presumed to be
precursors to PM2.5 in all PM2.5
nonattainment areas, unless the State demonstrates to the Administrator's
satisfaction or EPA demonstrates that emissions of nitrogen oxides from sources
in a specific area are not a significant contributor to that area's ambient
PM2.5 concentrations.
(4) Volatile organic compounds and ammonia
are presumed not to be precursors to PM2.5 in any PM2.5 nonattainment area, unless the State demonstrates to the
Administrator's satisfaction or EPA demonstrates that emissions of volatile
organic compounds or ammonia from sources in a specific area are a significant
contributor to that area's ambient PM2.5 concentrations;
or
(D) PM2.5
emissions and PM10 emissions shall include gaseous
emissions from a source or activity which condense to form particulate matter at
ambient temperatures. On or after January 1, 2011 (or any earlier date
established in the upcoming rulemaking codifying test methods), such condensable
particulate matter shall be accounted for in applicability determinations and in
establishing emissions limitations for PM2.5 and PM10 in nonattainment major NSR permits. Compliance with
emissions limitations for PM2.5 and PM10 issued prior to this date shall not be based on
condensable particulate matter unless required by the terms and conditions of
the permit or the applicable implementation plan. Applicability determinations
made prior to this date without accounting for condensable particulate matter
shall not be considered in violation of this section unless the applicable
implementation plan required condensable particulate matter to be
included.
(xxxviii)Reviewing authority means the State air pollution control
agency, local agency, other State agency, Indian tribe, or other agency
authorized by the Administrator to carry out a permit program under this section
and § 51.166, or the
Administrator in the case of EPA-implemented permit programs under § 52.21.
(xxxix)Project means a physical change in, or change in the method
of operation of, an existing major stationary source.
(xl)Best
available control technology (BACT) means an emissions limitation
(including a visible emissions standard) based on the maximum degree of
reduction for each regulated NSR pollutant which would be emitted from any
proposed major stationary source or major modification which the reviewing
authority, on a case-by-case basis, taking into account energy, environmental,
and economic impacts and other costs, determines is achievable for such source
or modification through application of production processes or available
methods, systems, and techniques, including fuel cleaning or treatment or
innovative fuel combustion techniques for control of such pollutant. In no event
shall application of best available control technology result in emissions of
any pollutant which would exceed the emissions allowed by any applicable
standard under 40 CFR part 60
or 61. If the
reviewing authority determines that technological or economic limitations on the
application of measurement methodology to a particular emissions unit would make
the imposition of an emissions standard infeasible, a design, equipment, work
practice, operational standard, or combination thereof, may be prescribed
instead to satisfy the requirement for the application of BACT. Such standard
shall, to the degree possible, set forth the emissions reduction achievable by
implementation of such design, equipment, work practice or operation, and shall
provide for compliance by means which achieve equivalent results.
(xli)Prevention
of Significant Deterioration (PSD) permit means any permit that is issued
under a major source preconstruction permit program that has been approved by
the Administrator and incorporated into the plan to implement the requirements
of § 51.166 of this chapter,
or under the program in § 52.21
of this chapter.
(xlii)Federal
Land Manager means, with respect to any lands in the United States, the
Secretary of the department with authority over such lands.
(A) In general, process unit means any collection of structures and/or
equipment that processes, assembles, applies, blends, or otherwise uses material
inputs to produce or store an intermediate or a completed product. A single
stationary source may contain more than one process unit, and a process unit may
contain more than one emissions unit.
(B) Pollution control equipment is
not part of the process unit, unless it serves a dual function as both process
and control equipment. Administrative and warehousing facilities are not part of
the process unit.
(C) For replacement cost purposes,
components shared between two or more process units are proportionately
allocated based on capacity.
(1) For a steam electric generating
facility, the process unit consists of those portions of the plant that
contribute directly to the production of electricity. For example, at a
pulverized coal-fired facility, the process unit would generally be the
combination of those systems from the coal receiving equipment through the
emission stack (excluding post-combustion pollution controls), including the
coal handling equipment, pulverizers or coal crushers, feedwater heaters, ash
handling, boiler, burners, turbine-generator set, condenser, cooling tower,
water treatment system, air preheaters, and operating control systems. Each
separate generating unit is a separate process unit.
(2) For a petroleum refinery, there are
several categories of process units: those that separate and/or distill
petroleum feedstocks; those that change molecular structures; petroleum treating
processes; auxiliary facilities, such as steam generators and hydrogen
production units; and those that load, unload, blend or store intermediate or
completed products.
(3) For an incinerator, the process unit
would consist of components from the feed pit or refuse pit to the stack,
including conveyors, combustion devices, heat exchangers and steam generators,
quench tanks, and fans.
Note to paragraph (a)(1)(xliii):
By a court order on December 24, 2003, this paragraph
(a)(1)(xliii) is stayed indefinitely. The stayed provisions will become
effective immediately if the court terminates the stay. At that time, EPA will
publish a document in the Federal Register advising the
public of the termination of the stay.
(xliv)Functionally equivalent component means a component that
serves the same purpose as the replaced component.
Note to paragraph (a)(1)(xliv):
By a court order on December 24, 2003, this paragraph
(a)(1)(xliv) is stayed indefinitely. The stayed provisions will become effective
immediately if the court terminates the stay. At that time, EPA will publish a
document in the Federal Register advising the public of
the termination of the stay.
(xlv)Fixed
capital cost means the capital needed to provide all the depreciable
components. “Depreciable components” refers to all components of fixed capital
cost and is calculated by subtracting land and working capital from the total
capital investment, as defined in paragraph (a)(1)(xlvi) of this section.
Note to paragraph (a)(1)(xlv):
By a court order on December 24, 2003, this paragraph (a)(1)(xlv)
is stayed indefinitely. The stayed provisions will become effective immediately
if the court terminates the stay. At that time, EPA will publish a document in
the Federal Register advising the public of the
termination of the stay.
(xlvi)Total
capital investment means the sum of the following: All costs required to
purchase needed process equipment (purchased equipment costs); the costs of
labor and materials for installing that equipment (direct installation costs);
the costs of site preparation and buildings; other costs such as engineering,
construction and field expenses, fees to contractors, startup and performance
tests, and contingencies (indirect installation costs); land for the process
equipment; and working capital for the process equipment.
Note to paragraph (a)(1)(xlvi):
By a court order on December 24, 2003, this paragraph
(a)(1)(xlvi) is stayed indefinitely. The stayed provisions will become effective
immediately if the court terminates the stay. At that time, EPA will publish a
document in the Federal Register advising the public of
the termination of the stay.
(i) Each plan shall adopt a
preconstruction review program to satisfy the requirements of sections 172(c)(5)
and 173 of the Act for any area designated nonattainment for any national
ambient air quality standard under subpart C of 40 CFR part 81.
Such a program shall apply to any new major stationary source or major
modification that is major for the pollutant for which the area is designated
nonattainment under section 107(d)(1)(A)(i) of the Act, if the stationary source
or modification would locate anywhere in the designated nonattainment
area.
(ii) Each plan shall use the
specific provisions of paragraphs (a)(2)(ii)(A) through (F) of this section.
Deviations from these provisions will be approved only if the State specifically
demonstrates that the submitted provisions are more stringent than or at least
as stringent in all respects as the corresponding provisions in paragraphs
(a)(2)(ii)(A) through (F) of this section.
(A) Except as otherwise provided in
paragraphs (a)(2)(iii) and (iv) of this section, and consistent with the
definition of major modification contained in paragraph (a)(1)(v)(A) of this
section, a project is a major modification for a regulated NSR pollutant if it
causes two types of emissions increases—a significant emissions increase (as
defined in paragraph (a)(1)(xxvii) of this section), and a significant net
emissions increase (as defined in paragraphs (a)(1)(vi) and (x) of this
section). The project is not a major modification if it does not cause a
significant emissions increase. If the project causes a significant emissions
increase, then the project is a major modification only if it also results in a
significant net emissions increase.
(B) The procedure for calculating
(before beginning actual construction) whether a significant emissions increase
(i.e., the first step of the process) will occur depends
upon the type of emissions units being modified, according to paragraphs
(a)(2)(ii)(C) through (F) of this section. The procedure for calculating (before
beginning actual construction) whether a significant net emissions increase will
occur at the major stationary source (i.e., the second
step of the process) is contained in the definition in paragraph (a)(1)(vi) of
this section. Regardless of any such preconstruction projections, a major
modification results if the project causes a significant emissions increase and
a significant net emissions increase.
(C)Actual-to-projected-actual applicability test for projects that
only involve existing emissions units. A
significant emissions increase of a regulated NSR pollutant is projected to
occur if the sum of the difference between the projected actual emissions (as
defined in paragraph (a)(1)(xxviii) of this section) and the baseline actual
emissions (as defined in paragraphs (a)(1)(xxxv)(A) and (B) of this section, as
applicable), for each existing emissions unit, equals or exceeds the significant
amount for that pollutant (as defined in paragraph (a)(1)(x) of this
section).
(D)Actual-to-potential test for projects that only involve
construction of a new emissions unit(s). A
significant emissions increase of a regulated NSR pollutant is projected to
occur if the sum of the difference between the potential to emit (as defined in
paragraph (a)(1)(iii) of this section) from each new emissions unit following
completion of the project and the baseline actual emissions (as defined in
paragraph (a)(1)(xxxv)(C) of this section) of these units before the project
equals or exceeds the significant amount for that pollutant (as defined in
paragraph (a)(1)(x) of this section).
(F)Hybrid
test for projects that involve multiple types of emissions
units. A significant emissions increase of a
regulated NSR pollutant is projected to occur if the sum of the emissions
increases for each emissions unit, using the method specified in paragraphs
(a)(2)(ii)(C) through (D) of this section as applicable with respect to each
emissions unit, for each type of emissions unit equals or exceeds the
significant amount for that pollutant (as defined in paragraph (a)(1)(x) of this
section).
(iii) The plan shall require that
for any major stationary source for a PAL for a regulated NSR pollutant, the
major stationary source shall comply with requirements under paragraph (f) of
this section.
(i) Each plan shall provide that for sources and modifications
subject to any preconstruction review program adopted pursuant to this
subsection the baseline for determining credit for emissions reductions is the
emissions limit under the applicable State Implementation Plan in effect at the
time the application to construct is filed, except that the offset baseline
shall be the actual emissions of the source from which offset credit is obtained
where;
(A) The demonstration of reasonable
further progress and attainment of ambient air quality standards is based upon
the actual emissions of sources located within a designated nonattainment area
for which the preconstruction review program was adopted; or
(B) The applicable State
Implementation Plan does not contain an emissions limitation for that source or
source category.
(A) Where the emissions limit under
the applicable State Implementation Plan allows greater emissions than the
potential to emit of the source, emissions offset credit will be allowed only
for control below this potential;
(B) For an existing fuel combustion
source, credit shall be based on the allowable emissions under the applicable
State Implementation Plan for the type of fuel being burned at the time the
application to construct is filed. If the existing source commits to switch to a
cleaner fuel at some future date, emissions offset credit based on the allowable
(or actual) emissions for the fuels involved is not acceptable, unless the
permit is conditioned to require the use of a specified alternative control
measure which would achieve the same degree of emissions reduction should the
source switch back to a dirtier fuel at some later date. The reviewing authority
should ensure that adequate long-term supplies of the new fuel are available
before granting emissions offset credit for fuel switches,
(C)(1)
Emissions reductions achieved by shutting down an existing emission unit or
curtailing production or operating hours may be generally credited for offsets
if they meet the requirements in paragraphs (a)(3)(ii)(C)(1)(i) through (ii) of this section.
(i) Such reductions are surplus,
permanent, quantifiable, and federally enforceable.
(ii) The shutdown or curtailment occurred
after the last day of the base year for the SIP planning process. For purposes
of this paragraph, a reviewing authority may choose to consider a prior shutdown
or curtailment to have occurred after the last day of the base year if the
projected emissions inventory used to develop the attainment demonstration
explicitly includes the emissions from such previously shutdown or curtailed
emission units. However, in no event may credit be given for shutdowns that
occurred before August 7, 1977.
(2) Emissions reductions achieved by
shutting down an existing emissions unit or curtailing production or operating
hours and that do not meet the requirements in paragraph (a)(3)(ii)(C)(1)(ii) of this section may be
generally credited only if:
(i) The shutdown or curtailment occurred
on or after the date the construction permit application is filed; or
(ii) The applicant can establish that the
proposed new emissions unit is a replacement for the shutdown or curtailed
emissions unit, and the emissions reductions achieved by the shutdown or
curtailment met the requirements of paragraph (a)(3)(ii)(C)(1)(i) of this section.
(D) No emissions credit may be
allowed for replacing one hydrocarbon compound with another of lesser
reactivity, except for those compounds listed in Table 1 of EPA's “Recommended
Policy on Control of Volatile Organic Compounds” (42 FR 35314, July 8, 1977;
(This document is also available from Mr. Ted Creekmore, Office of Air Quality
Planning and Standards, (MD-15) Research Triangle Park, NC 27711.))
(F) Procedures relating to the
permissible location of offsetting emissions shall be followed which are at
least as stringent as those set out in 40 CFR part 51
appendix S section IV.D.
(G) Credit for an emissions
reduction can be claimed to the extent that the reviewing authority has not
relied on it in issuing any permit under regulations approved pursuant to 40 CFR
part 51
subpart I or the State has not relied on it in demonstration attainment or
reasonable further progress.
(J) The total tonnage of increased
emissions, in tons per year, resulting from a major modification that must be
offset in accordance with section 173 of the Act shall be determined by summing
the difference between the allowable emissions after the modification (as
defined by paragraph (a)(1)(xi) of this section) and the actual emissions before
the modification (as defined in paragraph (a)(1)(xii) of this section) for each
emissions unit.
(4) Each plan may provide that the provisions of this paragraph do
not apply to a source or modification that would be a major stationary source or
major modification only if fugitive emissions, to the extent quantifiable, are
considered in calculating the potential to emit of the stationary source or
modification and the source does not belong to any of the following
categories:
(xx) Chemical process plants—The
term chemical processing plant shall not include ethanol production facilities
that produce ethanol by natural fermentation included in NAICS codes 325193 or
312140;
(xxi) Fossil-fuel boilers (or
combination thereof) totaling more than 250 million British thermal units per
hour heat input;
(xxii) Petroleum storage and
transfer units with a total storage capacity exceeding 300,000
barrels;
(xxvi) Fossil fuel-fired steam
electric plants of more than 250 million British thermal units per hour heat
input;
(xxvii) Any other stationary source
category which, as of August 7, 1980, is being regulated under section 111 or
112 of the Act.
(i) Approval to construct shall not
relieve any owner or operator of the responsibility to comply fully with
applicable provision of the plan and any other requirements under local, State
or Federal law.
(ii) At such time that a particular
source or modification becomes a major stationary source or major modification
solely by virtue of a relaxation in any enforcement limitation which was
established after August 7, 1980, on the capacity of the source or modification
otherwise to emit a pollutant, such as a restriction on hours of operation, then
the requirements of regulations approved pursuant to this section shall apply to
the source or modification as though construction had not yet commenced on the
source or modification;
(6) Each plan shall provide that, except as otherwise provided in
paragraph (a)(6)(vi) of this section, the following specific provisions apply
with respect to any regulated NSR pollutant emitted from projects at existing
emissions units at a major stationary source (other than projects at a source
with a PAL) in circumstances where there is a reasonable possibility, within the
meaning of paragraph (a)(6)(vi) of this section, that a project that is not a
part of a major modification may result in a significant emissions increase of
such pollutant, and the owner or operator elects to use the method specified in
paragraphs (a)(1)(xxviii)(B)(1) through (3)
of this section for calculating projected actual emissions. Deviations from
these provisions will be approved only if the State specifically demonstrates
that the submitted provisions are more stringent than or at least as stringent
in all respects as the corresponding provisions in paragraphs (a)(6)(i) through
(vi) of this section.
(i) Before beginning actual construction of the project, the owner
or operator shall document and maintain a record of the following
information:
(B) Identification of the emissions
unit(s) whose emissions of a regulated NSR pollutant could be affected by the
project; and
(C) A description of the
applicability test used to determine that the project is not a major
modification for any regulated NSR pollutant, including the baseline actual
emissions, the projected actual emissions, the amount of emissions excluded
under paragraph (a)(1)(xxviii)(B)(3) of this section and
an explanation for why such amount was excluded, and any netting calculations,
if applicable.
(ii) If the emissions unit is an
existing electric utility steam generating unit, before beginning actual
construction, the owner or operator shall provide a copy of the information set
out in paragraph (a)(6)(i) of this section to the reviewing authority. Nothing
in this paragraph (a)(6)(ii) shall be construed to require the owner or operator
of such a unit to obtain any determination from the reviewing authority before
beginning actual construction.
(iii) The owner or operator shall
monitor the emissions of any regulated NSR pollutant that could increase as a
result of the project and that is emitted by any emissions units identified in
paragraph (a)(6)(i)(B) of this section; and calculate and maintain a record of
the annual emissions, in tons per year on a calendar year basis, for a period of
5 years following resumption of regular operations after the change, or for a
period of 10 years following resumption of regular operations after the change
if the project increases the design capacity or potential to emit of that
regulated NSR pollutant at such emissions unit.
(iv) If the unit is an existing
electric utility steam generating unit, the owner or operator shall submit a
report to the reviewing authority within 60 days after the end of each year
during which records must be generated under paragraph (a)(6)(iii) of this
section setting out the unit's annual emissions during the year that preceded
submission of the report.
(v) If the unit is an existing unit
other than an electric utility steam generating unit, the owner or operator
shall submit a report to the reviewing authority if the annual emissions, in
tons per year, from the project identified in paragraph (a)(6)(i) of this
section, exceed the baseline actual emissions (as documented and maintained
pursuant to paragraph (a)(6)(i)(C) of this section, by a significant amount (as
defined in paragraph (a)(1)(x) of this section) for that regulated NSR
pollutant, and if such emissions differ from the preconstruction projection as
documented and maintained pursuant to paragraph (a)(6)(i)(C) of this section.
Such report shall be submitted to the reviewing authority within 60 days after
the end of such year. The report shall contain the following:
(C) Any other information that the
owner or operator wishes to include in the report (e.g., an explanation as to
why the emissions differ from the preconstruction projection).
(vi) A “reasonable possibility”
under paragraph (a)(6) of this section occurs when the owner or operator
calculates the project to result in either:
(A) A projected actual emissions
increase of at least 50 percent of the amount that is a “significant emissions
increase,” as defined under paragraph (a)(1)(xxvii) of this section (without
reference to the amount that is a significant net emissions increase), for the
regulated NSR pollutant; or
(B) A projected actual emissions
increase that, added to the amount of emissions excluded under paragraph
(a)(1)(xxviii)(B)(3), sums to at least 50 percent of the
amount that is a “significant emissions increase,” as defined under paragraph
(a)(1)(xxvii) of this section (without reference to the amount that is a
significant net emissions increase), for the regulated NSR pollutant. For a
project for which a reasonable possibility occurs only within the meaning of
paragraph (a)(6)(vi)(B) of this section, and not also within the meaning of
paragraph (a)(6)(vi)(A) of this section, then provisions (a)(6)(ii) through (v)
do not apply to the project.
(7) Each plan shall provide that the owner or operator of the
source shall make the information required to be documented and maintained
pursuant to paragraph (a)(6) of this section available for review upon a request
for inspection by the reviewing authority or the general public pursuant to the
requirements contained in § 70.4(b)(3)(viii)
of this chapter.
(8) The plan shall provide that the requirements of this section
applicable to major stationary sources and major modifications of volatile
organic compounds shall apply to nitrogen oxides emissions from major stationary
sources and major modifications of nitrogen oxides in an ozone transport region
or in any ozone nonattainment area, except in ozone nonattainment areas or in
portions of an ozone transport region where the Administrator has granted a
NOX waiver applying the standards set forth under section
182(f) of the Act and the waiver continues to apply.
(i) The plan shall require that in
meeting the emissions offset requirements of paragraph (a)(3) of this section,
the ratio of total actual emissions reductions to the emissions increase shall
be at least 1:1 unless an alternative ratio is provided for the applicable
nonattainment area in paragraphs (a)(9)(ii) through (a)(9)(iv) of this
section.
(ii) The plan shall require that in
meeting the emissions offset requirements of paragraph (a)(3) of this section
for ozone nonattainment areas that are subject to subpart 2, part D, title I of
the Act, the ratio of total actual emissions reductions of VOC to the emissions
increase of VOC shall be as follows:
(D) In any severe nonattainment
area for ozone—at least 1.3:1 (except that the ratio may be at least 1.2:1 if
the approved plan also requires all existing major sources in such nonattainment
area to use BACT for the control of VOC); and
(E) In any extreme nonattainment
area for ozone—at least 1.5:1 (except that the ratio may be at least 1.2:1 if
the approved plan also requires all existing major sources in such nonattainment
area to use BACT for the control of VOC); and
(iii) Notwithstanding the
requirements of paragraph (a)(9)(ii) of this section for meeting the
requirements of paragraph (a)(3) of this section, the ratio of total actual
emissions reductions of VOC to the emissions increase of VOC shall be at least
1.15:1 for all areas within an ozone transport region that is subject to subpart
2, part D, title I of the Act, except for serious, severe, and extreme ozone
nonattainment areas that are subject to subpart 2, part D, title I of the
Act.
(iv) The plan shall require that in
meeting the emissions offset requirements of paragraph (a)(3) of this section
for ozone nonattainment areas that are subject to subpart 1, part D, title I of
the Act (but are not subject to subpart 2, part D, title I of the Act, including
8-hour ozone nonattainment areas subject to 40 CFR 51.902(b)),
the ratio of total actual emissions reductions of VOC to the emissions increase
of VOC shall be at least 1:1.
(10) The plan shall require that
the requirements of this section applicable to major stationary sources and
major modifications of PM-10 shall also apply to major stationary sources and
major modifications of PM-10 precursors, except where the Administrator
determines that such sources do not contribute significantly to PM-10 levels
that exceed the PM-10 ambient standards in the area.
(11) The plan shall require that in
meeting the emissions offset requirements of paragraph (a)(3) of this section,
the emissions offsets obtained shall be for the same regulated NSR pollutant
unless interprecursor offsetting is permitted for a particular pollutant as
specified in this paragraph. The plan may allow the offset requirements in
paragraph (a)(3) of this section for direct PM2.5
emissions or emissions of precursors of PM2.5 to be
satisfied by offsetting reductions in direct PM2.5
emissions or emissions of any PM2.5 precursor identified
under paragraph (a)(1)(xxxvii)(C) of this section if such offsets comply with
the interprecursor trading hierarchy and ratio established in the approved plan
for a particular nonattainment area.
(1) Each plan shall include a preconstruction review permit program
or its equivalent to satisfy the requirements of section 110(a)(2)(D)(i) of the
Act for any new major stationary source or major modification as defined in
paragraphs (a)(1) (iv) and (v) of this section. Such a program shall apply to
any such source or modification that would locate in any area designated as
attainment or unclassifiable for any national ambient air quality standard
pursuant to section 107 of the Act, when it would cause or contribute to a
violation of any national ambient air quality standard.
(2) A major source or major modification will be considered to
cause or contribute to a violation of a national ambient air quality standard
when such source or modification would, at a minimum, exceed the following
significance levels at any locality that does not or would not meet the
applicable national standard:
| Pollutant | Annual | Averaging time (hours) | |||
|---|---|---|---|---|---|
| 24 | 8 | 3 | 1 | ||
| SO2 | 1.0 µg/m3 | 5 µg/m3 | 25 µg/m3 | ||
| PM10 | 1.0 µg/m3 | 5 µg/m3 | |||
| PM2.5 | 0.3 µg/m3 | 1.2 µg/m3 | |||
| NO2 | 1.0 µg/m3 | ||||
| CO | 0.5 mg/m3 | 2 mg/m3 | |||
(3) Such a program may include a provision which allows a proposed
major source or major modification subject to paragraph (b) of this section to
reduce the impact of its emissions upon air quality by obtaining sufficient
emission reductions to, at a minimum, compensate for its adverse ambient impact
where the major source or major modification would otherwise cause or contribute
to a violation of any national ambient air quality standard. The plan shall
require that, in the absence of such emission reductions, the State or local
agency shall deny the proposed construction.
(4) The requirements of paragraph (b) of this section shall not
apply to a major stationary source or major modification with respect to a
particular pollutant if the owner or operator demonstrates that, as to that
pollutant, the source or modification is located in an area designated as
nonattainment pursuant to section 107 of the Act.
(f)Actuals PALs.
The plan shall provide for PALs according to the provisions in paragraphs (f)(1)
through (15) of this section.
(i) The reviewing authority may
approve the use of an actuals PAL for any existing major stationary source
(except as provided in paragraph (f)(1)(ii) of this section) if the PAL meets
the requirements in paragraphs (f)(1) through (15) of this section. The term
“PAL” shall mean “actuals PAL” throughout paragraph (f) of this
section.
(ii) The reviewing authority shall
not allow an actuals PAL for VOC or NOX for any major
stationary source located in an extreme ozone nonattainment area.
(iii) Any physical change in or
change in the method of operation of a major stationary source that maintains
its total source-wide emissions below the PAL level, meets the requirements in
paragraphs (f)(1) through (15) of this section, and complies with the PAL
permit:
(C) Is not subject to the
provisions in paragraph (a)(5)(ii) of this section (restrictions on relaxing
enforceable emission limitations that the major stationary source used to avoid
applicability of the nonattainment major NSR program).
(iv) Except as provided under
paragraph (f)(1)(iii)(C) of this section, a major stationary source shall
continue to comply with all applicable Federal or State requirements, emission
limitations, and work practice requirements that were established prior to the
effective date of the PAL.
(2)Definitions.
The plan shall use the definitions in paragraphs (f)(2)(i) through (xi) of this
section for the purpose of developing and implementing regulations that
authorize the use of actuals PALs consistent with paragraphs (f)(1) through (15)
of this section. When a term is not defined in these paragraphs, it shall have
the meaning given in paragraph (a)(1) of this section or in the
Act.
(i)Actuals
PAL for a major stationary source means a PAL based on the baseline actual
emissions (as defined in paragraph (a)(1)(xxxv) of this section) of all
emissions units (as defined in paragraph (a)(1)(vii) of this section) at the
source, that emit or have the potential to emit the PAL pollutant.
(ii)Allowable
emissions means “allowable emissions” as defined in paragraph (a)(1)(xi) of
this section, except as this definition is modified according to paragraphs
(f)(2)(ii)(A) through (B) of this section.
(A) The allowable emissions for any
emissions unit shall be calculated considering any emission limitations that are
enforceable as a practical matter on the emissions unit's potential to
emit.
(B) An emissions unit's potential
to emit shall be determined using the definition in paragraph (a)(1)(iii) of
this section, except that the words “or enforceable as a practical matter”
should be added after “federally enforceable.”
(iii)Small
emissions unit means an emissions unit that emits or has the potential to
emit the PAL pollutant in an amount less than the significant level for that PAL
pollutant, as defined in paragraph (a)(1)(x) of this section or in the Act,
whichever is lower.
(A) Any emissions unit that emits
or has the potential to emit 100 tons per year or more of the PAL pollutant in
an attainment area; or
(B) Any emissions unit that emits
or has the potential to emit the PAL pollutant in an amount that is equal to or
greater than the major source threshold for the PAL pollutant as defined by the
Act for nonattainment areas. For example, in accordance with the definition of
major stationary source in section 182(c) of the Act, an emissions unit would be
a major emissions unit for VOC if the emissions unit is located in a serious
ozone nonattainment area and it emits or has the potential to emit 50 or more
tons of VOC per year.
(v)Plantwide
applicability limitation (PAL) means an emission limitation expressed in
tons per year, for a pollutant at a major stationary source, that is enforceable
as a practical matter and established source-wide in accordance with paragraphs
(f)(1) through (f)(15) of this section.
(vi)PAL effective
date generally means the date of issuance of the PAL permit. However, the
PAL effective date for an increased PAL is the date any emissions unit which is
part of the PAL major modification becomes operational and begins to emit the
PAL pollutant.
(vii)PAL
effective period means the period beginning with the PAL effective date and
ending 10 years later.
(viii)PAL major
modification means, notwithstanding paragraphs (a)(1)(v) and (vi) of this
section (the definitions for major modification and net emissions increase), any
physical change in or change in the method of operation of the PAL source that
causes it to emit the PAL pollutant at a level equal to or greater than the
PAL.
(ix)PAL
permit means the major NSR permit, the minor NSR permit, or the State
operating permit under a program that is approved into the plan, or the title V
permit issued by the reviewing authority that establishes a PAL for a major
stationary source.
(xi)Significant
emissions unit means an emissions unit that emits or has the potential to
emit a PAL pollutant in an amount that is equal to or greater than the
significant level (as defined in paragraph (a)(1)(x) of this section or in the
Act, whichever is lower) for that PAL pollutant, but less than the amount that
would qualify the unit as a major emissions unit as defined in paragraph
(f)(2)(iv) of this section.
(3)Permit application
requirements. As part of a permit application
requesting a PAL, the owner or operator of a major stationary source shall
submit the following information to the reviewing authority for
approval:
(i) A list of all emissions units
at the source designated as small, significant or major based on their potential
to emit. In addition, the owner or operator of the source shall indicate which,
if any, Federal or State applicable requirements, emission limitations or work
practices apply to each unit.
(ii) Calculations of the baseline
actual emissions (with supporting documentation). Baseline actual emissions are
to include emissions associated not only with operation of the unit, but also
emissions associated with startup, shutdown and malfunction.
(iii) The calculation procedures
that the major stationary source owner or operator proposes to use to convert
the monitoring system data to monthly emissions and annual emissions based on a
12-month rolling total for each month as required by paragraph (f)(13)(i) of
this section.
(i) The plan allows the reviewing authority to establish a PAL at a
major stationary source, provided that at a minimum, the requirements in
paragraphs (f)(4)(i)(A) through (G) of this section are met.
(A) The PAL shall impose an annual
emission limitation in tons per year, that is enforceable as a practical matter,
for the entire major stationary source. For each month during the PAL effective
period after the first 12 months of establishing a PAL, the major stationary
source owner or operator shall show that the sum of the monthly emissions from
each emissions unit under the PAL for the previous 12 consecutive months is less
than the PAL (a 12-month average, rolled monthly). For each month during the
first 11 months from the PAL effective date, the major stationary source owner
or operator shall show that the sum of the preceding monthly emissions from the
PAL effective date for each emissions unit under the PAL is less than the
PAL.
(B) The PAL shall be established in
a PAL permit that meets the public participation requirements in paragraph
(f)(5) of this section.
(D) The PAL shall include fugitive
emissions, to the extent quantifiable, from all emissions units that emit or
have the potential to emit the PAL pollutant at the major stationary
source.
(G) The owner or operator of the
major stationary source with a PAL shall comply with the monitoring,
recordkeeping, and reporting requirements provided in paragraphs (f)(12) through
(14) of this section for each emissions unit under the PAL through the PAL
effective period.
(ii) At no time (during or after
the PAL effective period) are emissions reductions of a PAL pollutant, which
occur during the PAL effective period, creditable as decreases for purposes of
offsets under paragraph (a)(3)(ii) of this section unless the level of the PAL
is reduced by the amount of such emissions reductions and such reductions would
be creditable in the absence of the PAL.
(5)Public participation requirement for
PALs. PALs for existing major stationary
sources shall be established, renewed, or increased through a procedure that is
consistent with §§ 51.160
and 51.161 of this chapter.
This includes the requirement that the reviewing authority provide the public
with notice of the proposed approval of a PAL permit and at least a 30-day
period for submittal of public comment. The reviewing authority must address all
material comments before taking final action on the permit.
(i) Except as provided in paragraph
(f)(6)(ii) of this section, the plan shall provide that the actuals PAL level
for a major stationary source shall be established as the sum of the baseline
actual emissions (as defined in paragraph (a)(1)(xxxv) of this section) of the
PAL pollutant for each emissions unit at the source; plus an amount equal to the
applicable significant level for the PAL pollutant under paragraph (a)(1)(x) of
this section or under the Act, whichever is lower. When establishing the actuals
PAL level, for a PAL pollutant, only one consecutive 24-month period must be
used to determine the baseline actual emissions for all existing emissions
units. However, a different consecutive 24-month period may be used for each
different PAL pollutant. Emissions associated with units that were permanently
shut down after this 24-month period must be subtracted from the PAL level. The
reviewing authority shall specify a reduced PAL level(s) (in tons/yr) in the PAL
permit to become effective on the future compliance date(s) of any applicable
Federal or State regulatory requirement(s) that the reviewing authority is aware
of prior to issuance of the PAL permit. For instance, if the source owner or
operator will be required to reduce emissions from industrial boilers in half
from baseline emissions of 60 ppm NOX to a new rule limit
of 30 ppm, then the permit shall contain a future effective PAL level that is
equal to the current PAL level reduced by half of the original baseline
emissions of such unit(s).
(ii) For newly constructed units
(which do not include modifications to existing units) on which actual
construction began after the 24-month period, in lieu of adding the baseline
actual emissions as specified in paragraph (f)(6)(i) of this section, the
emissions must be added to the PAL level in an amount equal to the potential to
emit of the units.
(7)Contents of the PAL
permit. The plan shall require that the PAL
permit contain, at a minimum, the information in paragraphs (f)(7)(i) through
(x) of this section.
(iii) Specification in the PAL
permit that if a major stationary source owner or operator applies to renew a
PAL in accordance with paragraph (f)(10) of this section before the end of the
PAL effective period, then the PAL shall not expire at the end of the PAL
effective period. It shall remain in effect until a revised PAL permit is issued
by the reviewing authority.
(iv) A requirement that emission
calculations for compliance purposes include emissions from startups, shutdowns
and malfunctions.
(v) A requirement that, once the
PAL expires, the major stationary source is subject to the requirements of
paragraph (f)(9) of this section.
(vi) The calculation procedures
that the major stationary source owner or operator shall use to convert the
monitoring system data to monthly emissions and annual emissions based on a
12-month rolling total for each month as required by paragraph (f)(13)(i) of
this section.
(vii) A requirement that the major
stationary source owner or operator monitor all emissions units in accordance
with the provisions under paragraph (f)(12) of this section.
(viii) A requirement to retain the
records required under paragraph (f)(13) of this section on site. Such records
may be retained in an electronic format.
(ix) A requirement to submit the
reports required under paragraph (f)(14) of this section by the required
deadlines.
(x) Any other requirements that the
reviewing authority deems necessary to implement and enforce the
PAL.
(8)PAL effective period and reopening of the
PAL permit. The plan shall require the
information in paragraphs (f)(8)(i) and (ii) of this section.
(A) During the PAL effective
period, the plan shall require the reviewing authority to reopen the PAL permit
to:
(1) Correct typographical/calculation
errors made in setting the PAL or reflect a more accurate determination of
emissions used to establish the PAL.
(2) Reduce the PAL if the owner or
operator of the major stationary source creates creditable emissions reductions
for use as offsets under paragraph (a)(3)(ii) of this section.
(3) Revise the PAL to reflect an increase
in the PAL as provided under paragraph (f)(11) of this section.
(B) The plan shall provide the
reviewing authority discretion to reopen the PAL permit for the
following:
(1) Reduce the PAL to reflect newly
applicable Federal requirements (for example, NSPS) with compliance dates after
the PAL effective date.
(2) Reduce the PAL consistent with any
other requirement, that is enforceable as a practical matter, and that the State
may impose on the major stationary source under the plan.
(3) Reduce the PAL if the reviewing
authority determines that a reduction is necessary to avoid causing or
contributing to a NAAQS or PSD increment violation, or to an adverse impact on
an air quality related value that has been identified for a Federal Class I area
by a Federal Land Manager and for which information is available to the general
public.
(C) Except for the permit reopening
in paragraph (f)(8)(ii)(A)(1) of this section for the
correction of typographical/calculation errors that do not increase the PAL
level, all other reopenings shall be carried out in accordance with the public
participation requirements of paragraph (f)(5) of this section.
(9)Expiration of a PAL. Any PAL which is not renewed in accordance with the procedures
in paragraph (f)(10) of this section shall expire at the end of the PAL
effective period, and the requirements in paragraphs (f)(9)(i) through (v) of
this section shall apply.
(i) Each emissions unit (or each group of emissions units) that
existed under the PAL shall comply with an allowable emission limitation under a
revised permit established according to the procedures in paragraphs
(f)(9)(i)(A) through (B) of this section.
(A) Within the time frame specified
for PAL renewals in paragraph (f)(10)(ii) of this section, the major stationary
source shall submit a proposed allowable emission limitation for each emissions
unit (or each group of emissions units, if such a distribution is more
appropriate as decided by the reviewing authority) by distributing the PAL
allowable emissions for the major stationary source among each of the emissions
units that existed under the PAL. If the PAL had not yet been adjusted for an
applicable requirement that became effective during the PAL effective period, as
required under paragraph (f)(10)(v) of this section, such distribution shall be
made as if the PAL had been adjusted.
(B) The reviewing authority shall
decide whether and how the PAL allowable emissions will be distributed and issue
a revised permit incorporating allowable limits for each emissions unit, or each
group of emissions units, as the reviewing authority determines is
appropriate.
(ii) Each emissions unit(s) shall
comply with the allowable emission limitation on a 12-month rolling basis. The
reviewing authority may approve the use of monitoring systems (source testing,
emission factors, etc.) other than CEMS, CERMS, PEMS or CPMS to demonstrate
compliance with the allowable emission limitation.
(iii) Until the reviewing authority
issues the revised permit incorporating allowable limits for each emissions
unit, or each group of emissions units, as required under paragraph (f)(9)(i)(A)
of this section, the source shall continue to comply with a source-wide,
multi-unit emissions cap equivalent to the level of the PAL emission
limitation.
(iv) Any physical change or change
in the method of operation at the major stationary source will be subject to the
nonattainment major NSR requirements if such change meets the definition of
major modification in paragraph (a)(1)(v) of this section.
(v) The major stationary source
owner or operator shall continue to comply with any State or Federal applicable
requirements (BACT, RACT, NSPS, etc.) that may have applied either during the
PAL effective period or prior to the PAL effective period except for those
emission limitations that had been established pursuant to paragraph (a)(5)(ii)
of this section, but were eliminated by the PAL in accordance with the
provisions in paragraph (f)(1)(iii)(C) of this section.
(i) The reviewing authority shall
follow the procedures specified in paragraph (f)(5) of this section in approving
any request to renew a PAL for a major stationary source, and shall provide both
the proposed PAL level and a written rationale for the proposed PAL level to the
public for review and comment. During such public review, any person may propose
a PAL level for the source for consideration by the reviewing
authority.
(ii)Application deadline. The plan
shall require that a major stationary source owner or operator shall submit a
timely application to the reviewing authority to request renewal of a PAL. A
timely application is one that is submitted at least 6 months prior to, but not
earlier than 18 months from, the date of permit expiration. This deadline for
application submittal is to ensure that the permit will not expire before the
permit is renewed. If the owner or operator of a major stationary source submits
a complete application to renew the PAL within this time period, then the PAL
shall continue to be effective until the revised permit with the renewed PAL is
issued.
(iii)Application requirements. The
application to renew a PAL permit shall contain the information required in
paragraphs (f)(10)(iii)(A) through (D) of this section.
(C) The sum of the potential to
emit of all emissions units under the PAL (with supporting
documentation).
(D) Any other information the owner
or operator wishes the reviewing authority to consider in determining the
appropriate level for renewing the PAL.
(iv)PAL
adjustment. In determining whether and how to
adjust the PAL, the reviewing authority shall consider the options outlined in
paragraphs (f)(10)(iv)(A) and (B) of this section. However, in no case may any
such adjustment fail to comply with paragraph (f)(10)(iv)(C) of this
section.
(A) If the emissions level
calculated in accordance with paragraph (f)(6) of this section is equal to or
greater than 80 percent of the PAL level, the reviewing authority may renew the
PAL at the same level without considering the factors set forth in paragraph
(f)(10)(iv)(B) of this section; or
(B) The reviewing authority may set
the PAL at a level that it determines to be more representative of the source's
baseline actual emissions, or that it determines to be appropriate considering
air quality needs, advances in control technology, anticipated economic growth
in the area, desire to reward or encourage the source's voluntary emissions
reductions, or other factors as specifically identified by the reviewing
authority in its written rationale.
(1) If the potential to emit of the major
stationary source is less than the PAL, the reviewing authority shall adjust the
PAL to a level no greater than the potential to emit of the source; and
(2) The reviewing authority shall not
approve a renewed PAL level higher than the current PAL, unless the major
stationary source has complied with the provisions of paragraph (f)(11) of this
section (increasing a PAL).
(v) If the compliance date for a
State or Federal requirement that applies to the PAL source occurs during the
PAL effective period, and if the reviewing authority has not already adjusted
for such requirement, the PAL shall be adjusted at the time of PAL permit
renewal or title V permit renewal, whichever occurs first.
(i) The plan shall require that the reviewing authority may
increase a PAL emission limitation only if the major stationary source complies
with the provisions in paragraphs (f)(11)(i)(A) through (D) of this
section.
(A) The owner or operator of the
major stationary source shall submit a complete application to request an
increase in the PAL limit for a PAL major modification. Such application shall
identify the emissions unit(s) contributing to the increase in emissions so as
to cause the major stationary source's emissions to equal or exceed its
PAL.
(B) As part of this application,
the major stationary source owner or operator shall demonstrate that the sum of
the baseline actual emissions of the small emissions units, plus the sum of the
baseline actual emissions of the significant and major emissions units assuming
application of BACT equivalent controls, plus the sum of the allowable emissions
of the new or modified emissions unit(s) exceeds the PAL. The level of control
that would result from BACT equivalent controls on each significant or major
emissions unit shall be determined by conducting a new BACT analysis at the time
the application is submitted, unless the emissions unit is currently required to
comply with a BACT or LAER requirement that was established within the preceding
10 years. In such a case, the assumed control level for that emissions unit
shall be equal to the level of BACT or LAER with which that emissions unit must
currently comply.
(C) The owner or operator obtains a
major NSR permit for all emissions unit(s) identified in paragraph (f)(11)(i)(A)
of this section, regardless of the magnitude of the emissions increase resulting
from them (that is, no significant levels apply). These emissions unit(s) shall
comply with any emissions requirements resulting from the nonattainment major
NSR program process (for example, LAER), even though they have also become
subject to the PAL or continue to be subject to the PAL.
(D) The PAL permit shall require
that the increased PAL level shall be effective on the day any emissions unit
that is part of the PAL major modification becomes operational and begins to
emit the PAL pollutant.
(ii) The reviewing authority shall
calculate the new PAL as the sum of the allowable emissions for each modified or
new emissions unit, plus the sum of the baseline actual emissions of the
significant and major emissions units (assuming application of BACT equivalent
controls as determined in accordance with paragraph (f)(11)(i)(B)), plus the sum
of the baseline actual emissions of the small emissions units.
(iii) The PAL permit shall be
revised to reflect the increased PAL level pursuant to the public notice
requirements of paragraph (f)(5) of this section.
(A) Each PAL permit must contain
enforceable requirements for the monitoring system that accurately determines
plantwide emissions of the PAL pollutant in terms of mass per unit of time. Any
monitoring system authorized for use in the PAL permit must be based on sound
science and meet generally acceptable scientific procedures for data quality and
manipulation. Additionally, the information generated by such system must meet
minimum legal requirements for admissibility in a judicial proceeding to enforce
the PAL permit.
(B) The PAL monitoring system must
employ one or more of the four general monitoring approaches meeting the minimum
requirements set forth in paragraphs (f)(12)(ii)(A) through (D) of this section
and must be approved by the reviewing authority.
(C) Notwithstanding paragraph
(f)(12)(i)(B) of this section, you may also employ an alternative monitoring
approach that meets paragraph (f)(12)(i)(A) of this section if approved by the
reviewing authority.
(D) Failure to use a monitoring
system that meets the requirements of this section renders the PAL
invalid.
(ii) Minimum Performance
Requirements for Approved Monitoring Approaches. The following are acceptable
general monitoring approaches when conducted in accordance with the minimum
requirements in paragraphs (f)(12)(iii) through (ix) of this
section:
(iii) Mass Balance Calculations. An
owner or operator using mass balance calculations to monitor PAL pollutant
emissions from activities using coating or solvents shall meet the following
requirements:
(A) Provide a demonstrated means of
validating the published content of the PAL pollutant that is contained in or
created by all materials used in or at the emissions unit;
(B) Assume that the emissions unit
emits all of the PAL pollutant that is contained in or created by any raw
material or fuel used in or at the emissions unit, if it cannot otherwise be
accounted for in the process; and
(C) Where the vendor of a material
or fuel, which is used in or at the emissions unit, publishes a range of
pollutant content from such material, the owner or operator must use the highest
value of the range to calculate the PAL pollutant emissions unless the reviewing
authority determines there is site-specific data or a site-specific monitoring
program to support another content within the range.
(iv) CEMS. An owner or operator
using CEMS to monitor PAL pollutant emissions shall meet the following
requirements:
(A) CEMS must comply with
applicable Performance Specifications found in 40 CFR part 60,
appendix B; and
(B) CEMS must sample, analyze and
record data at least every 15 minutes while the emissions unit is
operating.
(v) CPMS or PEMS. An owner or
operator using CPMS or PEMS to monitor PAL pollutant emissions shall meet the
following requirements:
(A) The CPMS or the PEMS must be
based on current site-specific data demonstrating a correlation between the
monitored parameter(s) and the PAL pollutant emissions across the range of
operation of the emissions unit; and
(B) Each CPMS or PEMS must sample,
analyze, and record data at least every 15 minutes, or at another less frequent
interval approved by the reviewing authority, while the emissions unit is
operating.
(vi) Emission factors. An owner or
operator using emission factors to monitor PAL pollutant emissions shall meet
the following requirements:
(A) All emission factors shall be
adjusted, if appropriate, to account for the degree of uncertainty or
limitations in the factors' development;
(B) The emissions unit shall
operate within the designated range of use for the emission factor, if
applicable; and
(C) If technically practicable, the
owner or operator of a significant emissions unit that relies on an emission
factor to calculate PAL pollutant emissions shall conduct validation testing to
determine a site-specific emission factor within 6 months of PAL permit
issuance, unless the reviewing authority determines that testing is not
required.
(vii) A source owner or operator
must record and report maximum potential emissions without considering
enforceable emission limitations or operational restrictions for an emissions
unit during any period of time that there is no monitoring data, unless another
method for determining emissions during such periods is specified in the PAL
permit.
(viii) Notwithstanding the
requirements in paragraphs (f)(12)(iii) through (vii) of this section, where an
owner or operator of an emissions unit cannot demonstrate a correlation between
the monitored parameter(s) and the PAL pollutant emissions rate at all operating
points of the emissions unit, the reviewing authority shall, at the time of
permit issuance:
(A) Establish default value(s) for
determining compliance with the PAL based on the highest potential emissions
reasonably estimated at such operating point(s); or
(B) Determine that operation of the
emissions unit during operating conditions when there is no correlation between
monitored parameter(s) and the PAL pollutant emissions is a violation of the
PAL.
(ix) Re-validation. All data used
to establish the PAL pollutant must be re-validated through performance testing
or other scientifically valid means approved by the reviewing authority. Such
testing must occur at least once every 5 years after issuance of the
PAL.
(i) The PAL permit shall require an
owner or operator to retain a copy of all records necessary to determine
compliance with any requirement of paragraph (f) of this section and of the PAL,
including a determination of each emissions unit's 12-month rolling total
emissions, for 5 years from the date of such record.
(ii) The PAL permit shall require
an owner or operator to retain a copy of the following records for the duration
of the PAL effective period plus 5 years:
(B) Each annual certification of
compliance pursuant to title V and the data relied on in certifying the
compliance.
(14)Reporting
and notification requirements. The owner or
operator shall submit semi-annual monitoring reports and prompt deviation
reports to the reviewing authority in accordance with the applicable title V
operating permit program. The reports shall meet the requirements in paragraphs
(f)(14)(i) through (iii).
(i) Semi-Annual Report. The semi-annual report shall be submitted
to the reviewing authority within 30 days of the end of each reporting period.
This report shall contain the information required in paragraphs (f)(14)(i)(A)
through (G) of this section.
(B) Total annual emissions
(tons/year) based on a 12-month rolling total for each month in the reporting
period recorded pursuant to paragraph (f)(13)(i) of this section.
(C) All data relied upon,
including, but not limited to, any Quality Assurance or Quality Control data, in
calculating the monthly and annual PAL pollutant emissions.
(D) A list of any emissions units
modified or added to the major stationary source during the preceding 6-month
period.
(E) The number, duration, and cause
of any deviations or monitoring malfunctions (other than the time associated
with zero and span calibration checks), and any corrective action
taken.
(F) A notification of a shutdown of
any monitoring system, whether the shutdown was permanent or temporary, the
reason for the shutdown, the anticipated date that the monitoring system will be
fully operational or replaced with another monitoring system, and whether the
emissions unit monitored by the monitoring system continued to operate, and the
calculation of the emissions of the pollutant or the number determined by method
included in the permit, as provided by paragraph (f)(12)(vii) of this
section.
(G) A signed statement by the
responsible official (as defined by the applicable title V operating permit
program) certifying the truth, accuracy, and completeness of the information
provided in the report.
(ii) Deviation report. The major
stationary source owner or operator shall promptly submit reports of any
deviations or exceedance of the PAL requirements, including periods where no
monitoring is available. A report submitted pursuant to § 70.6(a)(3)(iii)(B)
of this chapter shall satisfy this reporting requirement. The deviation reports
shall be submitted within the time limits prescribed by the applicable program
implementing § 70.6(a)(3)(iii)(B)
of this chapter. The reports shall contain the following
information:
(D) A signed statement by the
responsible official (as defined by the applicable title V operating permit
program) certifying the truth, accuracy, and completeness of the information
provided in the report.
(iii) Re-validation results. The
owner or operator shall submit to the reviewing authority the results of any
re-validation test or method within 3 months after completion of such test or
method.
(i) No reviewing authority may
issue a PAL that does not comply with the requirements in paragraphs (f)(1)
through (15) of this section after the Administrator has approved regulations
incorporating these requirements into a plan.
(ii) The reviewing authority may
supersede any PAL which was established prior to the date of approval of the
plan by the Administrator with a PAL that complies with the requirements of
paragraphs (f)(1) through (15) of this section.
(g) If any provision of this section, or the application of such
provision to any person or circumstance, is held invalid, the remainder of this
section, or the application of such provision to persons or circumstances other
than those as to which it is held invalid, shall not be affected
thereby.
(h)Equipment replacement
provision. Without regard to other
considerations, routine maintenance, repair and replacement includes, but is not
limited to, the replacement of any component of a process unit with an identical
or functionally equivalent component(s), and maintenance and repair activities
that are part of the replacement activity, provided that all of the requirements
in paragraphs (h)(1) through (3) of this section are met.
(i) For an electric utility steam generating unit, as defined in § 51.165(a)(1)(xx),
the fixed capital cost of the replacement component(s) plus the cost of any
associated maintenance and repair activities that are part of the replacement
shall not exceed 20 percent of the replacement value of the process unit, at the
time the equipment is replaced. For a process unit that is not an electric
utility steam generating unit the fixed capital cost of the replacement
component(s) plus the cost of any associated maintenance and repair activities
that are part of the replacement shall not exceed 20 percent of the replacement
value of the process unit, at the time the equipment is replaced.
(ii) In determining the replacement
value of the process unit; and, except as otherwise allowed under paragraph
(h)(1)(iii) of this section, the owner or operator shall determine the
replacement value of the process unit on an estimate of the fixed capital cost
of constructing a new process unit, or on the current appraised value of the
process unit.
(iii) As an alternative to
paragraph (h)(1)(ii) of this section for determining the replacement value of a
process unit, an owner or operator may choose to use insurance value (where the
insurance value covers only complete replacement), investment value adjusted for
inflation, or another accounting procedure if such procedure is based on
Generally Accepted Accounting Principles, provided that the owner or operator
sends a notice to the reviewing authority. The first time that an owner or
operator submits such a notice for a particular process unit, the notice may be
submitted at any time, but any subsequent notice for that process unit may be
submitted only at the beginning of the process unit's fiscal year. Unless the
owner or operator submits a notice to the reviewing authority, then paragraph
(h)(1)(ii) of this section will be used to establish the replacement value of
the process unit. Once the owner or operator submits a notice to use an
alternative accounting procedure, the owner or operator must continue to use
that procedure for the entire fiscal year for that process unit. In subsequent
fiscal years, the owner or operator must continue to use this selected procedure
unless and until the owner or operator sends another notice to the reviewing
authority selecting another procedure consistent with this paragraph or
paragraph (h)(1)(ii) of this section at the beginning of such fiscal
year.
(2)Basic design parameters. The replacement does not change the basic design parameter(s)
of the process unit to which the activity pertains.
Note to paragraph (h):
By a court order on December 24, 2003, this paragraph (h) is
stayed indefinitely. The stayed provisions will become effective immediately if
the court terminates the stay. At that time, EPA will publish a document in the
Federal Register advising the public of the termination
of the stay.
(i) Except as provided in paragraph
(h)(2)(iii) of this section, for a process unit at a steam electric generating
facility, the owner or operator may select as its basic design parameters either
maximum hourly heat input and maximum hourly fuel consumption rate or maximum
hourly electric output rate and maximum steam flow rate. When establishing fuel
consumption specifications in terms of weight or volume, the minimum fuel
quality based on British Thermal Units content shall be used for determining the
basic design parameter(s) for a coal-fired electric utility steam generating
unit.
(ii) Except as provided in
paragraph (h)(2)(iii) of this section, the basic design parameter(s) for any
process unit that is not at a steam electric generating facility are maximum
rate of fuel or heat input, maximum rate of material input, or maximum rate of
product output. Combustion process units will typically use maximum rate of fuel
input. For sources having multiple end products and raw materials, the owner or
operator should consider the primary product or primary raw material when
selecting a basic design parameter.
(iii) If the owner or operator
believes the basic design parameter(s) in paragraphs (h)(2)(i) and (ii) of this
section is not appropriate for a specific industry or type of process unit, the
owner or operator may propose to the reviewing authority an alternative basic
design parameter(s) for the source's process unit(s). If the reviewing authority
approves of the use of an alternative basic design parameter(s), the reviewing
authority shall issue a permit that is legally enforceable that records such
basic design parameter(s) and requires the owner or operator to comply with such
parameter(s).
(iv) The owner or operator shall
use credible information, such as results of historic maximum capability tests,
design information from the manufacturer, or engineering calculations, in
establishing the magnitude of the basic design parameter(s) specified in
paragraphs (h)(2)(i) and (ii) of this section.
(v) If design information is not
available for a process unit, then the owner or operator shall determine the
process unit's basic design parameter(s) using the maximum value achieved by the
process unit in the five-year period immediately preceding the planned
activity.
(3) The replacement activity shall not cause the process unit to
exceed any emission limitation, or operational limitation that has the effect of
constraining emissions, that applies to the process unit and that is legally
enforceable.
[51 FR 40669, Nov. 7, 1986]
Editorial Note:
For Federal Register citations affecting §
51.165, see the List of
CFR Sections Affected, which appears in the Finding Aids section of the printed
volume and at www.fdsys.gov.
Effective Date Note:
At 76
FR 17552, Mar. 30, 2011, § 51.165,
paragraphs (a)(1)(v)(G) and (v)(1)(vi)(C) (3) are stayed
indefinitely.
Title 40 published on 2013-07-01
The following are only the Rules published in the Federal Register after the published date of Title 40.
For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.
Title 40 published on 2013-07-01
The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 40 CFR 51 after this date.
